Alena Shautsova’s Answers

I94 and VISA expiring on Aug 8th, petition for L1B Ext not yet submitted to USCIS by employer

My L1B I94 and Visa are expiring on Aug 8th 2015 (3 yrs stay) and my employer is still working with lawyer for the petition filling for extension. What is last date that my petition should reach USCIS mailbox so that I can continue staying in US ...

Alena’s Answer

July 27, 2015 3:24pm

The petition has to reach USCIS and be accepted by the expiration date. It is best to file sooner than the very last minute, because if the petition is rejected for whatever reason, then there will be a problem. You should talk about it with your attorney however...

Adjustment of status/ change passport/ advance parole

Hi,
I applied for an adjustment of status based on marriage and I am currently waiting for my advance parole. I would like to change my French passport (at the French Consulate here in New York) and put my married name on it.
nb: I applie...

Alena’s Answer

July 27, 2015 3:09pm

It is best to have all the documents under the same name as soon as possible. I think the answer to your question would depend on how soon you can get new French passport.

MAVNI applicant who needs to travel outside the US

I just graduated college as an F1 student and am now on OPT (I have an employment letter).
But I applied to the MAVNI program and got my G845 approval, which I used to get my social security number. I haven't signed the contract yet becau...

Alena’s Answer

How can I prevent my husband's online fling from coming here on a tourist visa?

She has here passport, but not her visa yet. They are intending on getting her a tourist visa and then applying for a change of status one she gets here, so the tourist visa is not intended for temporary visit.

Alena’s Answer

July 27, 2015 1:31pm

I do not think you can if she is doing legal things. I am sorry. Maybe, you need to think about your relationship rather than this woman...

Is it legal to do money investments while on J1 visa?

I'm a J1 physician visa holder, through my job, have earned some money, and would like to invest in them. Is it legal to invest in stocks trading or real estate investment trade if I'm on J1 status?
Thank you.

Alena’s Answer

July 27, 2015 1:30pm

I do not believe it is illegal. However, the scale of you are planning to do needs to be analyzed to answer your question fully.

Alena’s Answer

I am an employee of indian IT company. Can I take long term leave from my job and travel to USA on H4 visa ?

I am an employee of Indian IT company. Can I take long term leave from my job and travel to USA on H4 visa ?
Since I am on paid leave, my salary is still getting deposited in indian bank even on being on H4 visa in USA. Will that be a problem...

Alena’s Answer

July 22, 2015 6:16pm

Are you still going to work in the US? Then it is not allowed. If you will take a break from your job and stay in the US to accompany your spouse, then it is a different story.

I am an employee of indian IT company. Can I take long term leave from my job and travel to USA on H4 visa ?

I am an employee of Indian IT company. Can I take long term leave from my job and travel to USA on H4 visa ?
Since I am on paid leave, my salary is still getting deposited in indian bank even on being on H4 visa in USA. Will that be a problem...

Alena’s Answer

July 22, 2015 6:16pm

Are you still going to work in the US? Then it is not allowed. If you will take a break from your job and stay in the US to accompany your spouse, then it is a different story.

Will i94 under b2 visa be extended after going to Canada and reentering the U.S.?

I am 3 months into my stay in the US under b2 visa and would like to extend my stay for another 4-5 months beyond the expiration of my current i94 which expires in 3 months. I know that applying for an extention of stay is an option but I've heard...

Alena’s Answer

July 22, 2015 6:13pm

I do not think that a week travel will do it as there are rules on re-admission for those who to travel to Canada for a short time. Now, you can apply to extend your status in the US without leaving the country.

I need help

Me and my husband and 3 daughters went for B1B2 visa interview bit was denied under the 214 b code
Now we want to go to out country of Base seem we have residence there to apply again immediately. Will my first denial affect our chance. Or we s...

Alena’s Answer

July 20, 2015 6:09pm

You need to speak with an attorney. Book a consultation with a US attorney, many of us provide assistance via Skype.